Idaho news. (Blackfoot, Idaho) 1887-1891, 1887-12-03
INDEMNITY LANDS

Ths Law Concerning she Sasse az Cen.
ssFaed ~ the Attorney fsenewsh
WASHINGTON, Nov. GAM important
opinion OF the attorney general on the con-
ssruction Of sections 3, 4, and s. Of the AGA
Of March 3, 1887, passed ito provide foi
the adjustment Of land grants made by con.
gress TO aid in the construction Of railroads,
and for the forfeiture OF unearned lands,
and other purposes" il made public co.
night The opinion is given in reply to
questions asked by the secretary of the in.
terror. The opinion, In substance, Is "a
follows: The first section of the aes named
directs the adjustment Of grants. The acc
ond section provides for q restoration of
title to the United States where
lands have been enormously certified
or patented 70 railroads. The third
section is: THAT, If in an adjustment Of
said grants, ii shall appear that . home
stead or presumption entry Of any bona
ide settler has been enormously cancelled
on account Of any railroad grant, or With
drawal Of public lands from the market.
each settler, upon application, shall be re-
in'iaied in all his rights and allowed to
perfect his entry by complying with the
pablo land laws; provided, that he has
not located another claim, or made an
entry in lieu of one so erroneouslv can.
celled, and prov ided, also, that he did not
voluntarily abandon said original entry and |
provided, further, that if anv of said settIers
do not renew their application to be rein- |
stated within reasonable time to be fixed |
by the secretary of the interior. then all |
such unclaimed lands shall be disposed of |
under the public land laws, with priority
OF right given TO bona fide purchasers Of /
said unclaimed lands, if any; and If there
be no such purchaser, then to bona Eide
settlers thereon
THE QUESTION SUBMITTED
under this section was, ''What class of pur-
'hasers is referred to by the expression
bona tide purchasers of said unclaimed
ands?'" The rights of several classes "a
lands referred 10 in the section are success
I'VE In the order stated therein. First in
'ight Is the homestead, or pre-emption set.
'ier' whose entry has been wrongiully cam
'elled. Ii he elects to assert btm
ight, and has net been disqualified bv
coating another claim, or making another
'ntfy IN lien of that enormously cancelled
lis right is absolute, and the suceeasiys
lights OF the remaining two classes cannot
'ttach. If he lawfully asserts his claim. n
le iall TO claim the land, or Is disqualified
Inder the act, the second class of persons +,
Fho are the bona fide purchasers of ths ,
and unclaimed by him, are attached and /
ave precedence over the third class. The b
ona lde purchasers here referred 70 ara T
hose who, without knowledge of wrong or
rror, have purchased from a railroad
lmpany lands which have been preyiousIv /
altered By pre-emption or homestead \
litter, whose entry had been enormously 9
'neeiled, and which the land presumption I
homestead settler did not elect to claim
ter recovery by proceedings prescribed BY I,
le second section of the act.
THE SECOND QUESTION =
as: Can the department, after adjust. I
ent OF grant, issue patent to the DUR. y
lasers of such land before said land ba y y
conveyed by the road, or title recovered 8,
judicial proceedings? ~ In reply to !.
rs the attorney general says: Until !,
nd shall have been legally determined to to
'long TO the United States the right tn re
sue patents under the fourth section does
u arise Ii patents should issue under
e fourth section before recOnyeyanee ~
dieial recovery under the second section II
I'd proceedings should then be in. I
ltuted TO cancel a patent issued n
the railroad, in case Of . decision adverse ~
the government, two patents would be =
tstandlng at the same time for the same 81
nd. The third question was; ssTha I'll
IA section Of said act provides that where m
rallroad company has sold lands not con- Ia
yed to or for the use of such company. Fl
q where shch lands are for any reason n
cepted from the operations'of the grant of n
ID company, 1t shall be lawful for the he
ma nde purchaser thereof from said COM mr.
ny 70 make payment to the United States ne
sand land, and thereupon patents shall M
ue therefor to said bona fde purchaser. Be
70 question submitted under this col
'ton IS, whether the proyiso last Pa
oted Is confined in its application to ctr
lds within the primary granted limits, we
"hether II applies TO lands within in fac
nn'ty limits, OF which the company had Eli
de selection, but which has NOT been ~;
proved. The attorney general savS. II
he first section of the act in the use ~ IL
) word grant must have necessarily in. -
ded both primary and indemnity limits -
tne adI ustment, as il was doubtless in ID
lied the adjustment should be a full
hnal one. The protection afforded Ra
: redress granted the settler bv1 ~.
u OF the sections is fully as important in
me indemnity as in the primary limits. age
order That the remedy be adequate 10 vim
ress the wong. the word grand in ROY
NTH section must be construed TO in ~
ie as 1t does n the preceding sections. ."e
! primary and indemnity limits.n but
pom receipt Of the opinion Secretarv saw
mar directed the commissioner Of IN. emf
erai land office to proceed at once and e.
as much dispatch as possible TO adiuat oo 70;
ana grants under the act Of March q rs
49, dis,